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Have you been recently dismissed or let go from your employment with BMO Bank?
Speak to JPak Employment Lawyers. Our employment law expert lawyers have successfully advised and represented hundreds of Bank employees who have been dismissed or laid off.
The following are frequently asked questions by Bank employees facing termination:
Can BMO Bank Terminate Without Cause? Is this an unjust dismissal?
The Canada Labour Code provides non-unionized federal employees with protection from being dismissed without cause. Without cause terminations are generally prohibited and are considered an “unjust dismissal” within the meaning of section 240 of the Canada Labour Code.
The onus is on the Bank to give reasons showing why dismissal is justified. For example, the Bank may show just cause for dismissal or that it is terminating the employee for lawful reasons permitted under the statute.
Is the severance package being offered by BMO Bank in accordance with your legal entitlements?
Separate from the above, you will want to verify that the Bank has provided a severance package commensurate with your legal entitlements. Whether the severance package is fair from a legal perspective will depend on a number of considerations, including: the character of your employment, length of service, your age at termination, the availability of comparable jobs in the market, your contract of employment, and whether you were induced to leave secure employment.
What about my LTIP/STIP/options, RSUs or other equity?
If you have been provided with a severance package, carefully review it and determine what happens to your current fiscal year bonus. Are you receiving incentive compensation for the period of the fiscal year that your actively worked? Further, has the Bank properly taken short-term and long-term incentive compensation into consideration in evaluating your severance?
If the Bank cancelled your outstanding and unvested equity compensation, it may be required to compensate you for the loss of unvested equity compensation, whether or not you are actively employed on the vesting date.
My dismissal is being called a “layoff”, but I feel that I was singled out. What are my rights?
Very often, employers will terminate for reasons other than downsizing, but the termination is a disguised layoff. The termination may be considered an unjust dismissal under the Canada Labour Code, and further, there could be concerns about whether the Bank is acting in good faith and transparently in the manner of dismissal. If you have concerns about the true reasons for dismissal, it is prudent to speak to an employment law expert to find out what remedies and options are available.
Must BMO Bank provide the reasons for my dismissal?
In short, yes. If the Bank does not provide you with reasons, you can ask for those reasons in writing, and the Bank must comply within 15 days of the written request for reasons. This is required by section 241(1) of the Canada Labour Code.
BMO Bank says it has just cause for dismissal? Do I have any recourse?
It is very common for employers to assert “just cause” for dismissal; however, from a legal perspective, even if cause is alleged, the Bank may not have true just cause for dismissal. Cause for dismissal is generally considered the capital punishment of employment law, and is reserved only for very serious cases of wrongdoing or neglect of duty.
Most instances of poor performance or employee misconduct do not rise to the level of “cause-worthy” conduct within the meaning of the Canada Labour Code or the common law.
Should I sign a release provided by BMO Bank?
Generally, the Bank will generally ask a departing employee to sign a release in exchange for the severance package. It is important that if you are being asked to sign a release, that you get advice on the package, the lawfulness of the dismissal, and your rights before you sign anything. Once you sign a release, you are generally forfeiting your right to pursue any further compensation or legal claims.
Speak to one of our employment law experts
Speak to one of our Toronto employment lawyers to find out if your case qualifies as an unjust dismissal, whether the severance package is fair and whether you may be entitled to additional compensation. Contact us today.